The judge makes rulings on evidence. A lawyer, believing that the other side is seeking to introduce evidence that is not reliable or should otherwise be prohibited from introduction to the jury, may object, thereby asking a judge to block that evidence from being heard or seen by the jury. A judge rules on those objections, either sustaining the objection (upholding it and blocking the evidence) or overruling it and allowing the evidence to “come in” and be presented to the jury. A judge is supposed to follow the rules of evidence enacted by the Legislature through various codes such as the Evidence Code and the Code of Civil Procedure.
If a person believes that he or she did not receive a fair trial, that a judge made an error of law, or that the evidence did not support the verdict, that person can file an appeal with an appellate court. The appellate court has no jury. It does not decide matters of fact (generally), but deals only with matters of law, reviewing lower court rulings to see if they conform to established legal principles. If the appellate court agrees with the lower court, the decision is affirmed. If the appellate court disagrees, then the ruling or verdict is overturned and the matter is remanded, sent back, to the trial court for further proceedings and/or retrial.
Trials are expensive, time-consuming processes that are often emotionally draining for both sides. Juries, judges and verdicts are unpredictable. That is why, when possible, settlement rather than trial is often preferred by many. The Dolan Law Firm lawyers have the highest rating as trial lawyers and have consistently produced some of the highest verdicts and settlements in California for their clients.
Contact the Dolan Law Firm for a free case evaluation by calling 888-452-4752 or emailing us.